It, on occasions and in certain offences, accentuates and causes harm to the society. Under these circumstances we think that even if we were to hold that Art. 116A 179 1408 of the Act. 133 has no application to the appellate decision of the High NRI Legal Services Court under s. It is not seriously disputed by Mr. We will be failing in our duty if we do not take note of the concept of liberty and its curtailment by law. 133 of the Constitution and so, according to him, it was not only open to the appellant but it was obligatory on him to make an application for leave to the Punjab High Court under the said article.
Aggarwal urges that s. Doabia that parties aggrieved by orders passed by High Courts in appeals under s. 36 of 2014 which was dismissed by the Division Bench vide order dated 04. In a civilised society, a crime disturbs orderliness. 133 has no application, we would unhesitatingly have excused the delay made in the presentation of the appeal; Doabia’s argument is that this practice is erroneous and that Art. 10148-10149 of 2015 against the order dated 17. The victim may be an individual, but in the ultimate eventuate, it is the society which is the victim.
Aggrieved by the order dated 11. All the present cases are cases which arise before the 2007 amendment was made, which introduced the concept of works contract as being a separate subject matter of taxation. Doabia is right, it is clear that the appellant has merely followed the general practice in this matter when he applied for leave to the Punjab High Court; his application was entertained, considered on the merits and rejected by the High Court.
An individual can enjoy his liberty NRI Legal Services which is definitely of paramount value but he cannot be a law unto himself. It is an established fact that a crime though committed against an individual, in all cases it does not retain an individual character. 11 shows that to constitute a matter res judicata, the following conditions must be satisfied, namely – (i) The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue in the former suit; (ii) The former suit must have been a suit between the same parties or between parties under whom they or any of them claim; (iii) The parties must have litigated under the same title in the former suit; (iv) The court which decided the former suit must be a court competent to try the subsequent suit or the suit in which such issue is subsequently raised; and (v) The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit.
133 and in fact such applications are entertained and considered on the merits by them. The legislative competence of such tax is to be found in Article 248 read with Entry 97 of List I of the 7th Schedule to the Constitution of India. The said order is the subject matter of SLP (Civil) No. He cannot be a nuisance to the collective. 9 of 2014 as modified vide order dated 22. He cannot cause harm to others. 2014 passed in Review Application (Misc.
The appellant also chose to prefer SLP (Civil) No. The above NRI Legal Services principles laid down by this Court have been reiterated in the case of Syed Mohd. 2014, the appellant carried the matter to the High Court in O. 116A of the Act generally apply for leave under Art. It affects the peaceful life of the society. The result of this provision is to assimilate the election proceedings coming before the High Court in appeal to civil proceedings as contemplated NRI Legal Services by Art.
A crime, as is understood, creates a dent in the law and order situation. 116A (2) of the Representation of the People Act (43 of 1951) (hereinafter called the Act) specifically provides that the High Court, in hearing an appeal presented to it shall have the same powers, jurisdiction and authority and follow the same procedure with respect to the said appeal as if it were an appeal from an original decree passed by a civil court situated within the local limits of its civil appellate jurisdiction.
We do not propose to deal with the merits of these contentions. He cannot be a terror to the society; and that is why Edmund Burke, the great English thinker, almost two centuries and a decade back eloquently spoke thus:- Men are qualified for civil liberty, in exact proportion to their disposition to put moral chains upon their own appetites; in proportion as their love to justice is above their rapacity; in proportion as their soundness and sobriety of understanding is above their vanity and presumption; in proportion as they are more disposed to NRI Legal Services listen to the counsel of the wise and good, in preference to the flattery of knaves.
That is why the time occupied by the said proceedings in the Punjab High Court must be excluded in deciding the question of limitation. Various amendments were made in the sections of the Finance Act by which works contracts which were indivisible and composite were split so NRI Legal Services that only the labour and service element of such contracts would be taxed under the heading Service Tax .